Common use of Termination of the Exchange Fund Clause in Contracts

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of Company Common Stock for twelve months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any holders of Company Common Stock who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claim for the Merger Consideration in accordance with this Article II.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Graham Packaging Co Inc.)

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Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of Company shares of Common Stock for twelve months after the Effective Time shall be delivered to the Surviving CorporationCorporation (or its designee(s)), upon demand, and any holders of Company shares of Common Stock who have not theretofore complied with this Article II III shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claim claims for the Merger Consideration in accordance with pursuant to the provisions of this Article IIIII.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cna Surety Corp)

Termination of the Exchange Fund. Any Unless otherwise directed by the Surviving Corporation, any portion of the Exchange Fund that remains undistributed to the holders of Company Common Stock for twelve (12) months after the Effective Time shall be delivered to the Surviving Corporation, upon demand, and any holders of Company Common Stock who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall shall, subject to Section 2.2(e), remain liable for, payment of their claim for the Merger Consideration in accordance with this Article II.

Appears in 1 contract

Samples: Agreement and Plan of Merger (HUGHES Telematics, Inc.)

Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to the holders of Company Common Stock the Shares for twelve months after the Effective Time shall be delivered to the Surviving CorporationCorporation (or its designee(s)), upon demand, and any holders of Company shares of Common Stock who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claim claims for the Merger Consideration in accordance with pursuant to the provisions of this Article II.

Appears in 1 contract

Samples: Agreement and Plan of Merger (C&d Technologies Inc)

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Termination of the Exchange Fund. Any portion of the Exchange Fund that remains undistributed to on the holders of Company Common Stock for date that is twelve months after the date on which the Effective Time occurs shall be delivered to the Surviving CorporationCorporation (or its designee), upon demand, and any holders of Company Common Stock who have not theretofore complied with this Article II shall thereafter look only to the Surviving Corporation for, and the Surviving Corporation shall remain liable for, payment of their claim claims for the Merger Consideration in accordance with pursuant to the provisions of this Article II.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Wsi Industries, Inc.)

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